Definition
Qasm (قسم)— literally meaning “to divide”— refers to the equitable distribution of conjugal rights in Islamic law. It is a legal obligation ensuring that a husband divides his time and resources fairly among his wives if he has more than one, as prescribed in Islamic conjugal laws. This term is deeply embedded in the principles of justice and fairness crucial to Shariʿah (Islamic law).
Etymology
The word “Qasm” is derived from the Arabic root (ق س م) which signifies “to divide” or “distribution." This root word is definitive of the act, emphasizing the importance of fairness and balance in both time and resources.
Background
Qasm is part of Islamic family jurisprudence concerning polygamous marriages. It is seen as a protection mechanism to ensure no wife is neglected or discriminated against. Under Islamic law, polygyny is permitted with up to four wives, provided the husband maintains strict fairness and justice, primarily through Qasm. The principles regarding this are elaborated upon in key Islamic texts including Hadith collections like Mishkāt, book xiii, chapter x.
Cultural Differences and Similarities
The concept of Qasm shares similarities with equitable distribution laws in other cultural marriage traditions where polygamy is practiced. For instance, some African traditional religions and communities also face societal expectations to treat multiple spouses equitably despite lacking formalized laws. In contrast, cultural contexts where monogamy is the dominant marital practice often lack such direct legal frameworks but emphasize spousal equality and fairness in other domains like property and custody laws.
Synonyms
- Adaalah (عدالة): Meaning fairness or justice in general interactions.
- Insaf (إنصاف): Impartiality in treatment and consideration.
Antonyms
- Zulm (ظلم): Oppression or unfair treatment.
- Bias (تحيز): Prejudice or favoritism, especially in familial ties.
Related Terms
- Nafaqah (نفقة): Financial support that a husband must provide to his wife.
- Nikah (نكاح): Marriage, the contractual union between spouses in Islam.
- Polygamy (تعدد الزوجات): The practice or condition of having multiple wives.
Exciting Facts
- The concept of Qasm is not just limited to time, but also to emotional, financial, and physical resources.
- The equitable treatment prescribed by Qasm is seen by many Islamic scholars as indicative of higher moral and ethical standards built into family life.
- Historical records show that figures in Islamic history, including Prophet Muhammad (PBUH), demonstrated a rigorous adherence to the principles of Qasm when it came to managing multiple marriages.
Quotations
“The responsibilities vested in a man with multiple wives are a hallmark of fairness and divine justice in Islam. Qasm is his covenant to uphold equilibrium in his household.” — Fatima Mernissi
Further Studies and Inspiration
- “Women in Islamic Law: Tradition and Transition” by Azizah Y. al-Hibri explores women’s rights in various aspects including marital laws.
- “Exploring Islamic Jurisprudence” by Mohammad Hashim Kamali gives extensive views on the Shariʿah, including family law.
- “Islamic Family Law” by Rudolph Peters provides historical insights and modern applications of Islamic family traditions.
Farewell Thought
Understanding Qasm not only illuminates the Islamic stance on fairness in familial relations but also reflects universal principles of justice that are integral to human society. As we grasp these concepts, we move closer to a world where fairness and equity become the underpinnings of all our interactions.
Thank you for embarking on this journey of knowledge with me. Continue to explore the depths of the world’s traditions and learn from every culture’s pursuit of justice and equity.
Leila Muhammad, October 5, 2023
